Paradine v Jane (1647) Aleyn 26, 27

Key point

• This case illustrates that before the doctrine of frustration was developed, there was no escape from contract for impossibility of performance and promises were absolutely binding

Facts

• The landlord (C) claimed rent from D lessee
• D argued that since he had been evicted from the land by Prince Rupert during the English Civil War, he should not be liable for rent

Held (King’s Bench)

• D was liable for rent
• Party to contract remains liable despite any supervening event because he might have provided against it in his contract

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